SANTOSH YADAB Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant in this jail criminal appeal has assailed the judgment of conviction and sentence passed by the learned Ad hoc Additional Sessions Judge, (F.T.C), Rourkela in S.T. Case No.151/47 of 2003. By the said judgment the appellant has been convicted for offence under Sections 324/458 IPC and sentenced to undergo R.I. for a period of 5 years and to pay of fine of Rs.1000/ - for offence under Section 458 of IPC in default to undergo rigorous imprisonment for two months and rigorous imprisonment for two years and six months for offence under Section 324 IPC with the substantive sentences to run concurrently.. The appellant and two others faced the trial and all have also been convicted and sentenced as above stated.

(2.) PROSECUTION case is that on 14.10.2002 around 1.25 P.M. accused Babujan and Ramjan came with sword and revolver with the appellant coming holding bhujali and they knocked at the door of the house of the informant, P.W.1. As the doors were not opened and instead the informant's wife asked the identity of the persons so knocking, there are ensued exchanges of words and finally it is said that the appellant and two others broke open the door and forced their entry. It is said that accused Babujan gave blow by means of sword to P.W.1, Md. Samim, shouting to finish him as he stood as a police informer. It is next stated that the appellant assaulted him by means of bhujali which was caught hold of and then accused Ramjan showing the revolver at the wife of P.W.1 threatened Samim to return the bhujali which was so returned. It is further stated that accused Babujan intending to murder P.W.1 though attempted a blow at his neck, the same being warded of saved the life of P.W.1. P.W.1 sustained bleeding injury on his person for such assault by the accused persons including appellant by means of above noted dangerous weapons. Such severe injuries being caused on the person of P.W.1, P.W.1's wife raised shout when the appellant and others fled away. P.W.1 on his way to hospital having presented the FIR to the police, necessary case was registered and on completion of investigation finally the accused persons including the appellant faced the trial for offence under Sections 458/307/34 IPC and have been convicted and sentenced as stated above.

(3.) THE trial court on analysis of evidence both oral and documentary in the touch stone of the settled principle of law with regard to the appreciation of evidence in a criminal case has rendered the finding of guilt against the appellant and others for the offence under Sections 324/34 IPC and under Section 458 IPC and consequentially the sentence as stated above has been imposed.